Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-06-16
BREEZE ABOUT BATTLE FLAGS.
Applying For a writ u NInMdamns
Against the Secretary Of War.

applying EOf a wit Oh M0t1Oom00
Against the Secretary Of War.
xKssRs. BOUTWELL, AND sHEiLABARaER, COUNSEL
FOR THE STATE OF oHW WILL FILE THE PAPERS
THIS AFTERNOON.
Gen. Boynton, acting for Gov. Foraker, Of Ohio,
has engaged the services OF Ex-Gov Boutwell, and
Judge Shellabarger to enter legal proceedings to
prevent the War Department from returning the
Confederate battle flags to the Southern States.
The newspaper reports OF the action OF
the War Department In ordering the re-
turn OF the hags resulted in a petition to
Gov. Foraker from Ohio Grand Army posts,
claiming to represent thirty thousand soldiers,
asking him TO take some action to prevent the
secretary OF War from carrying out that fnten-
ton. Governor Foraker thereupon telegraphed
protest to the President, and telegraphed to Gen.
Boynton the correspondent OF the Cincinnati
C0mmercidt- Gazette here. asking him to secure
proceedings at once In the courts here to enj0in
the Secretary Of War from disposfng OF such ofthe
flags as were captured by the Ohio troops
Gov. Boutwell, and Judge Shellebarger held
consultation this morning, and nearly completed
tne preparation OF the papers to ME with the
the Secretary OF War to appear and show cause
why he should not be enJoined from disposing OF
Government property without authority OF Con-
gress and rec1ting what the property il. Judge
Shellabarger was busy with another case, how
ever ever, and the papers could not be Completed In
expect to file them In chambers after O'Clock.
ADJUTANr GENERAL DRUM SAID TO-DAY
that the project OF returning TO the Southern
States all the flags, standards and colors
which were captured by the Union
army was not the result OF a request,
or even suggestion Of any individual or ocial IN
the south. He was simply carrying out the
wishes of the President in the matter. The
list and description Of the flags is being
prepared In the War Department but owing 70
there being good deal more work connected with
the matter than was expected it may be q week
before the list is completed.
AT THE WHITE HOUSE
1t Is learned that the President gave no formal
orders in the matters but 1t was not known
whether he gave any verbal instructions or not.
General Drum has visited the White House several
times lately and It Is presumed he received his in
He said to-day that the Department would not
dare to follow such course without authority
from the President. The flags in question are
boxed up in the basement and garnet OF the war De-
partment and are gradually routing to pieces. They
were stored there under authority OF the law OF
tary OF War shall from time to time cause to be
collected and transmitted to him, at the seat OF
Government, all such flags standards and coors
United States"
The place of action OF the state Of Ohio to COM
Should return without authority OF law 1iags, &C.,
which were intrusted to his care by law, creates
a good deal OF talk The law which Entrusted
says the right to dispose Of them will prob
ably hinge On the question whether the Southern
Army shall be considered an "enemy OF the
United StateS.' In the mean time, the list Of
flags will be prepared and the Hays distributed to
their original owners.
Ex-SECRRrARY BOUTWELL,
was found in his Office, on New York avenue, busy
over the papers in the case. 1--WE have been
asked, he said, ito represent the state and l
suppose we will file some papers, but nothing has
been done yet. We Will consider the matter. We
do not KNOW yet just what course we Will pursue"
THE PETITION
when flied will be introduced by an affidavit from
Gen. H. v. BOynton, setting forth that
he has inquired at the War Department
and learned that 1t is the intention or that de-
partment to dispose OF the flags as stated. Gen.
BOynton said this afternoon that he expected
all the papers would be completed and
be ready this evening to be filed. at will be- he
said, Gin the form OF a petition for mandamus to
enJoln the Secretary Of War from dispensing OF
these flags, on the ground that he can
oSs G ns pu0 S WIFE We
have precedent for this In the case OF New
York regiment whose flag was captured
by the COnfederates Afterward the
flag was recaptured by a Federal
force, and In course OF time was deposited In the
War Department. 1t was returned to the New York
regiment by Especial act or Congress Congress
then assumed that this matter was in its control
only. This property was deposited ia the War
Department by authority OF Congress and can
oe taken away only by the same authority